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A little please.
Been separated for 12 months now. We have two children 12and 9. We own the house in joint names but now as tenants in common.
I moved out Dec 15th 2016. Paying the mortgage half and half. I use half her of her CM money to pay her half of the mortgage and forward her the balance.
We wanted to sell the house and we had a buyer. But the buyer pulled out while I waited for my ex to see if she could raise enough money through CM payments and other benefits avaliable to her to cover a mortgage but no mortgage was avaliable.
My ex wants me to stay named on the mortgage but I want my name off the mortgage and get her to sell.
There is a loads of equality for both of us in the property, £50000+ each There is now a new buyer for the house that is prepared to let her rent the house on a contract for 2 years but she is not prepared to do this.
There have been loads of solicitors letters back and forth.
Does anyone have some advice to help get a sale to proceed. and hopefully avoid court..
Hopefully I don't sound unreasonable. I have worked every working day to cover all the bills etc we have no debt.
Unfortunately these things have a habit of spiralling out of control where there are solicitors involved and you could see a big chunk of the equity swallowed up in solicitors/court fees.
Perhaps it might be financially sensible to offer her a bigger chunk of the equity to get her moving, it might work out cheaper to do that in the long run.
I would have advised getting proper legal advice about this, but as you already have a solicitor, they will be advising you on the course this could take.
All the best
thanks mojo
what would happen if I stop paying mortgage and CM payments.
Could this force a sale?
or if I went to court to get an order for sale with her having the 2 dependant children. What verdict would the judge give. My solicitor said the judge has no control over the mortgage. And the children and the house are 2 different items.
Hi
Nobody can predict what an individual judge will decide. A court would look at both of your housing needs, current financial situations, potential of earnings etc and then make a decision. Your solicitor is correct that the court has no control over your mortgage.
Children and finances are two separate issues at court. If you're having problems agreeing the arrangements for the children via solicitors, you could try mediation.
Attempting mediation is mandatory before making a children or finance application to court.
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